When should Form Paragraph 2.35 be used in patent examination?
Form Paragraph 2.35 should be used in specific circumstances during the patent examination process. According to the MPEP ¶ 2.35, this form paragraph is to be used:
in the first Office action of a CPA to advise the applicant that a ‘conditional’ request for a CPA is treated as an unconditional request and the CPA is acceptable and that a CPA has been established.
However, it’s important to note that this form paragraph should not be used in all situations. Specifically:
- It should only be used for design applications, as CPAs are only available for design applications.
- If the request for a CPA in a utility or plant application is improper and has been treated as an RCE (Request for Continued Examination), examiners should use form paragraph 7.42.15 instead.
Examiners should refer to MPEP § 706.07(h) for more information on handling improper CPA requests in utility or plant applications.
For more information on CPA, visit: CPA.
For more information on design applications, visit: design applications.
For more information on patent examination, visit: patent examination.